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Domestic violence and workplace rights

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K 



Joined: 09 Sep 2011


PostPosted: Thu Dec 20, 2018 6:32 am
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Pies4shaw wrote:
think positive wrote:
... Now the next person they come across that needs help and understanding might not get it.

You’d think they’d be asking a whole lot more questions about “stability of home life” under various pretexts, next time.

It'd need to be a great pretext for them to get away with it. The only employers that routinely get away with that are AFL clubs, for obvious reasons (both why they do it and why they get away with it).
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stui magpie Gemini

Prepare for the worst, hope for the best.


Joined: 03 May 2005
Location: In flagrante delicto

PostPosted: Thu Dec 20, 2018 7:09 am
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David wrote:
Yep, a one-guy operation with a couple of apprentices working for him I think. Sounded like a pretty dodgy operation; according to my brother, the boss pretty much threatened the co-worker who was there the day he was injured into siding with his version of events (in order to make it sound like it was my brother’s fault and so the company wouldn’t be liable for paying compensation). I don’t want a compensation case to take over my brother’s life (and am of the view that sometimes it’s better just to walk away), but behaviour like that certainly shouldn’t be rewarded, and I expect the legal aid people my brother spoke to are of the same view.


Workers compensation is generally a "no fault" legislation, it doesn't matter if you were doing something dumb or wrong to cause the injury, you're still covered.

less than 15 people means he can't go unfair dismissal, could still push the comp claim (go straight to workcover), try unlawful dismissal or adverse action.

Instead of legal aid, he can also go to one of the ambulance chasers, no win no fee mobs.

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think positive Libra

Side By Side


Joined: 30 Jun 2005
Location: somewhere

PostPosted: Thu Dec 20, 2018 8:25 am
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Pies4shaw wrote:
think positive wrote:
Your comment got me curious enough to click the link, I seriously can’t believe someone took them To court for unfair dismissal after all they tried to do. They still have a business to run. Now the next person they come across that needs help and understanding might not get it.

You’d think they’d be asking a whole lot more questions about “stability of home life” under various pretexts, next time.


Sarcasm aside, not what I meant at all. The employer bent over backwards for the woman, and did not deserve to get sued, next time they will be wary and more by the book.

And David I agree with Stui, get an ambulance chaser, I’m sure occasionally they do something good.

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David Libra

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Joined: 27 Jul 2003
Location: Andromeda

PostPosted: Thu Dec 20, 2018 9:25 am
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I'm happy to leave this one to him (and my parents, if they want to get involved) – I'm in a different state, so there's not much I can do to help practically. But I have discussed the situation with him and given him as much advice as I can. Haven't talked to him for a little while, so not sure whether he's still pursuing it or not.
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